Case law

David Baron v. City of Highland Park

195 F.3d 333 · Court of Appeals for the Seventh Circuit · Oct 27, 1999

In order to establish a prima facie case of discriminatory denial of promotion under the ADEA, Baron must establish that: (1) he is a member of the protected class of persons over forty years of age; (2) he was qualified … In other words, even if Baron was not the most qualified candidate, was he nevertheless a qualified candidate?

Alonzo Bonner v. Joseph Coughlin

517 F.2d 1311 · Court of Appeals for the Seventh Circuit · Jun 2, 1975

Quite clearly, Bonner has no standing to attack the regulation simply because it may be improperly applied to someone else. United States v. Ramsey, 503 F.2d 524, 526-527 (7th Cir. 1974). … Moreover, the justifiable reasons for invading an inmate’s privacy are both obvious and easily established.

Rodney Harrell v. United States Postal Service

445 F.3d 913 · Court of Appeals for the Seventh Circuit · May 4, 2006

Given the short-comings with each interpretation, we are not able to conclude that Congress clearly addressed the question at issue through the statutory language. … The rights established by the FMLA can be enforced through civil actions.

Libertarian Party v. Packard

741 F.2d 981 · Court of Appeals for the Seventh Circuit · Aug 15, 1984

American Party and Buckley We deem it appropriate to review the American Party and Buckley cases because they clearly establish that government may use public funds to finance qualifying political parties, that is, some parties … taxpayers to control the number of public dollars spent to finance qualifying political parties.

Chicago Stadium Corporation, a Corporation v. The State of Indiana, as Trustee

220 F.2d 797 · Court of Appeals for the Seventh Circuit · Apr 14, 1955

jurisdiction of the subject matter because this action is in substance and effect a suit against the sovereign State of Indiana, which has not consented to be sued in this Court; that the sovereign State of Indiana was granted immunity … True, the complaint avers that the plaintiff is a resident of the State of Illinois and the defendants are residents of the State of Indiana, but it is well established that an allegation that the parties are a resident of

United States v. Roy Shannon, Jr.

836 F.3d 815 · Court of Appeals for the Seventh Circuit · Sep 7, 2016

As such, Shannon contends that the evidence was insufficient to establish beyond a reasonable doubt that he is guilty of the charged offenses. … The district court was clearly aware of Taylor’s credibil- ity problems and observed, “[t]here is no question Mr. Tay- lor had and has a very significant motive to, for want of a better word, bury Mr. Shannon.”

Washington v. Indiana High School Athletic Ass'n

181 F.3d 840 · Court of Appeals for the Seventh Circuit · Jun 23, 1999

This passage makes clear that our colleagues in the Sixth Circuit did not believe that a plaintiff had to establish discriminatory intent to establish a violation of Title II of the ADA. … This is the test established by the Supreme Court in Arline.

Blake Stewardson v. Christopher Titus

Court of Appeals for the Seventh Circuit · Jan 23, 2025

That is crucial for purposes of qualified immunity. … I dis- sent only as to the grant of qualified immunity to Officer Biggs on Blake Stewardson’s claim that Biggs failed to inter- vene before Officer Titus performed a hip toss on Stewardson.

Daviess County Hospital v. Otis R. Bowen, M.D., Secretary of Health and Human Services

811 F.2d 338 · Court of Appeals for the Seventh Circuit · Jan 20, 1987

The Hospital contends that this court must apply Rule 52(a), Fed.R.Civ.P., to the district court’s factual findings and thereby uphold those findings unless they are clearly erroneous. … More specifically, the data submitted in support of a request for reimbursement must be “capable of verification by qualified auditors.” 42 C.F.R. § 405 .-453(a).

Cerutti, Terry L. v. BASF Corporation

349 F.3d 1055 · Court of Appeals for the Seventh Circuit · Nov 21, 2003

The ADEA was not enacted to immunize older employees (i.e., those 40 and over) from being terminated for legitimate reasons (e.g., poor social skills, bad attitude, incompetency), but was instead designed to protect them … , it would do them little good because these statements are clearly not sufficient to establish cases of age 7 discrimination under the direct method of proof.

Blake Stewardson v. Christopher Titus

Court of Appeals for the Seventh Circuit · Jan 23, 2025

That is crucial for purposes of qualified immunity. … I dis- sent only as to the grant of qualified immunity to Officer Biggs on Blake Stewardson’s claim that Biggs failed to inter- vene before Officer Titus performed a hip toss on Stewardson.

Central States, Southeast & Southwest Areas Pension Fund v. Robinson Cartage Co.

55 F.3d 1318 · Court of Appeals for the Seventh Circuit · May 30, 1995

To qualify for this construction exemption however, Robinson must establish that “substantially all” of the employees for whom it contributed to the Fund were building and construction industry employees. 29 U.S.C. § 1383 … Thus, if only that year is considered, they agree that Robinson qualified then as a construction business.

United States v. Ofcky, Robert

Court of Appeals for the Seventh Circuit · Jan 23, 2001

Second, Ofcky contends that the district court was clearly erroneous in finding him guilty of obstruction of justice. … Nancy he deems incredible because she is estranged from him and because she was granted immunity from prosecution in exchange for testifying against Ofcky.

United States v. Amiel Cueto

151 F.3d 620 · Court of Appeals for the Seventh Circuit · Jul 31, 1998

Cueto’s actions may qualify as traditional litigation-related conduct in form, but not in substance, and the evidence presented at trial demonstrates that Cueto clearly intended and corruptly endeavored to obstruct the due … Just as false statements are not immunized by the First Amendment, meritless litigation based on false accusations and criminal intentions does not fall within the scope of protected speech and "is not immunized by the First

Hilton Keller v. Willard O. Elyea

Court of Appeals for the Seventh Circuit · Nov 21, 2012

Elyea was entitled to qualified immunity. He argues that he had a clearly established constitutional right to have his medical conditions addressed, and that his letters sufficed to establish Dr.  … The district court indeed viewed this issue through too narrow a lens: there need not be a case “on all fours,” with identical facts, in order for a constitutional right to be clearly established for the purposes of qualified

Booth v. Lemont Mfg. Corp.

440 F.2d 385 · Court of Appeals for the Seventh Circuit · Jan 28, 1971

In addition, plaintiff’s complaint alleges that the dismissal in the State court of an identical action against all but two of the named defendants herein, because plaintiff’s injury did not qualify for standing pursuant … federal jurisdiction without regard to jurisdictional amount, upon an action commenced: (3) To redress the deprivation under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

Millbrook, Gary v. IBP, Incorporated

Court of Appeals for the Seventh Circuit · Feb 20, 2002

None of [plaintiff’s] proffered evidence established that she was more qualified than [the other candidate], let alone so clearly more qualified for the position than [plaintiff] that a reasonable juror could infer discriminatory … that she was clearly more qualified for the position than [the selected candidate, the plain- tiff] did not meet her burden of establishing that [the employer’s] proffered reason for deny- ing her the promotion was a pretext

King, James v. IL State Bd Election

Court of Appeals for the Seventh Circuit · Jun 13, 2005

Thus, a challenge to the super-majority-Hispanic Fourth District established in 18 No. 03-3536 Hastert I also amounts to a challenge to the First District established in … In this case, the State contends neither that it is immune from suit nor that it is immune from having an attor- neys’ fee award assessed against it. 32 No. 03-3536 covery

Kevin Culp v. Kwame Raoul

Court of Appeals for the Seventh Circuit · Apr 12, 2019

Illinois established a licens- ing and monitoring scheme to achieve this public-safety ob- jective, yet the unrefuted evidence shows that information deficits inhibit the State’s ability to monitor the ongoing qual- ifications … Licenses would have to issue along eligibility standards incapable of being verified or, at the very least, below those established by the State legislature for its own residents.

Swanson v. Citibank, N.A.

614 F.3d 400 · Court of Appeals for the Seventh Circuit · Jul 30, 2010

It did add that a district judge’s promise of minimally intrusive discovery “provides especially cold comfort in this pleading context, where we are impelled to give real content to the concept of qualified immunity for high-level … This reinforces the inference that she was not qualified.